O'brien & Gere, the engineering firm that designed the upgrade of the "WWTP" is not caving to the City of Salisbury in the lawsuit that it filed in the Wicomico County Circuit Court claiming many millions because the system does not work as intended. The engineers are being represented by a law firm that specializes in defending complex matters; its areas of specialization include both construction and architect/engineering disputes. That firm, Bonner Kiernan Trebach & Crociata, LLP,
is too large (60 attorneys) to be called a "boutique shop" and has an impressive record (see its website at HYPERLINK "http://www.martindale.com/navigate.aspx?ctype=FIRM_URL&lid=360298&url=http://www.bonnerkiernan.com" \o "" \t "win1" www.bonnerkiernan.com).
Salisbury is being represented by the same lawyers who negotiated the City's contract with O'brien & Gere and handled the dealings with the engineers, the City attorney and the law firm in Richmond, Virginia that is the City's special counsel for environmental matters.
As recently reported on this blog, the case is no longer in the Circuit Court in Salisbury. O'brien & Gere's attorneys have had it taken to the federal district court in Baltimore. That will avoid the "home field advantage" that the City would have had if the case were tried before a local jury in the Wicomico County Courthouse. In the federal court, the jurors come from a number of counties, so it is unlikely that more than one would be from here. It also puts the case in a court that has more experience with complex and technical cases and shifts the burden and cost of the litigation in favor of O'brien & Gere.
The City can anticipate a strong defense that will use every possible factor and error by the City to the advantage of the engineers. One aspect that may result in an early negotiated settlement is a provision in the contract that limits liability of O'brien & Gere to just $1 Million. The City is already arguing that this limit should be thrown out, but the engineers will surely take the opposite position. A ruling on that point, if the limit is upheld, could cause the City to settle for just a small fraction of the amount needed to make the sewage plant work properly.
If the case does continue to trial, the City's legal and other expenses will be huge and probably well in excess of $100,000.
In case you're wondering: federal law allows certain lawsuits against a non-resident to be removed from a state court to the federal courts if the claim is for more than $75,000 -- see the discussion of "diversity jurisdiction" on the wikipedia.org. website. The parties to a contract can waive the right to remove a case to the federal courts, so that it must be held in the state courts. Apparently the City's contract with O'brien & Gere does not contain such a provision.
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Here we go again -- recall the Salisbury mall zoning case and the appeal in the Stu Leer matter.
ReplyDeleteA one million dollar clause, he must of got his law degree at Wal-Mart.
ReplyDeleteThis sounds like another 50% sewer and water increase.
ReplyDeleteHere's the website for those lawyers:
ReplyDeletewww.bonnerkiernan.com
Despite his campaign promise of change, Ireton still hasn't gotten rid of the clown of a City Attorney, Paul Wilber, who screwed up this contract.
ReplyDeleteNor has he rid us of SPD Chief Allen Webster.
Ireton seems to run from any confrontation the same way he ran from the police, on the beach, in Rehobeth.
How much longer will we, the taxpayers and voters, be stuck with Barrie Tilghman's lapdogs, Wilber and Webster?
This is from that website:
ReplyDelete"Unlike many law firms, Bonner Kiernan is not a general law practice with "insurance" or "environmental" litigation departments. Our practice is devoted exclusively to the representation of corporations, insurers and self-insureds in the defense of litigated matters. Our practice encompasses every facet of defense-related litigation, including product liability, food industry claims, insurance coverage disputes, medical and other professional malpractice, construction and construction defect, employer liability, residential care facility claims, white collar criminal defense, corporate investigations, consumer fraud, toxic torts, hazardous waste, and a full range of environmental matters under federal and state statutes. Of course, adjunctive counseling is provided so as to minimize future exposure for our clients."
Salisbury will get 1 million and not a penny more, just like they signed. Minus what they spend on this law suit. They need to sue Paul Wilber for malpractice.
ReplyDeleteUnbelievable. Wilber gets paid to screw up. Wilber gets paid to lose.
ReplyDeleteThat is pitiful, we are sure to loose millions. Citizens in Salisbury have won in court against Wilber without an attorney. We are screwed again and where has "I accept full responcibilty" been?
ReplyDeleteWe are going to get screwed again if the mayor is going to depend on Wilber. It should be a good show though, the residents will see how inept the city attorney is for sure.